Retainers For Life® Website and Program Policies
Retainers For Life® PROVIDES YOU WITH ACCESS TO THE USE OF THE Retainers For Life®
PROGRAM AND SERVICES, SUBJECT TO YOUR COMPLIANCE WITH THE Website and Program Policies.
BY USING OUR SYSTEM YOU AGREE TO THE CONTRACTED FEE AND THE Website and Program Policies of Retainers For Life®
Termination of Membership: We require a written notice to be received 30 days prior to termination. Email notice will be accepted but you will need to verify it was received. Lack of payment or neglecting to follow the Website and Program Policies may be cause for additional fees. The Parties to this agreement agree and understand that Retainers For Life® has the option and right to terminate this agreement and relationship with the Doctor at the discretion of Retainers For Life®. The Doctor will be paid any Amounts due and owed for patients or contracts entered into prior to the termination.
Use of Trademarks and Trade Names: While this Agreement is in effect, and membership is active; members shall have the right to use Retainers For Life® Trademarks or trade names solely in connection with its activities hereunder. Members use shall be limited to Retainers For Life® Products and marketing material provided by Retainers For Life® and pre-approved sales and marketing material produced by Retainers For Life®. Individuals or Offices shall not use any of Retainers For Life® Trademarks once membership has expired or terminated. Any use of the trademark in whole or in part without active membership will result in legal action and monetary penalties.
Confidential Information: “Confidential Information” shall include all confidential information or confidential material that is disclosed to Recipient by Disclosing Party that has commercial value or other utility in the business of Disclosing Party. Confidential Information includes but is not limited to (1) copyrighted materials such as learning materials, videos, power point presentations, pictures, any and all financial, technical, commercial or other information, records, reports, analyses, financial statements, compilations, studies, forms, business or management methods, marketing data, fee schedules, information technology systems and programs, projections, forecasts and trade secrets; (2) client lists, contacts, personnel, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information and other related information. All intellectual property, including any copyrighted materials owned by Disclosing Party will not be replicated, sold or distributed by Recipient. All “Confidential Information” shared by the Disclosing party will be for the personal use only of the Recipient.
Doctor and Retainers For Life® agree that all agreement between the parties and any dispute or claim arising out of or in connection with any such agreement where its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A.
INDEMNIFICATION
Doctor agrees to indemnify, keep indemnified, indemnify and hold harmless Retainers For Life® from any and all claims, causes of action, damages, debts, liabilities, losses, obligations, payments, costs and expenses (including legal expenses) arising from or relating to: doctor’s, breach of any term of any agreement with Retainers For Life®, doctor’s breach of any term of any agreement between doctor and their patient or any acts or failures in respect to the patient, doctor’s revision of incorrect or incomplete information, documents or impressions to Retainers For Life® or any failure to timely provide Retainers
For Life® with any information it requests from doctor or the doctor’s practice; and dealings with doctor’s national regulators, licensees or professional bodies in relation to the doctors or their practice.
LIMITATION OF LIABILITY
SUBJECT TO THE TERMS SET FORTH BELOW, THE PARTY SHALL NOT BE RESPONSIBLE TO THE OTHER FOR THE FOLLOWING LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE: INDIRECT LOSSES, CONSEQUENTIAL LOSSES, LOSSES
OF INCOME OR REVENUE, LOSS OF PROFIT, THIRD PARTY CLAIMS, LOSS OF BUSINESS, LOSS OF DATA (INCLUDING PATIENT DATA-RETAINERS FOR LIFE EXPECTS THAT CUSTOMER WILL HAVE BACKUP COPIES OR ORIGINALS OF ANY PATIENT DATA CUSTOMERS PROVIDE TO RETAINERS FOR LIFE),
LOSS OF ANTICIPATED SAVINGS, OR LOSS OF ANY OPPORTUNITY, ARISING FROM ANY CLAIM FOR INNOCENT OR NEGLIGENT MISREPRESENATION OR NEGLIGENT MISSTATMENT BASED UPON ANY STATEMENT IN THE AGREEMENT.
Retainers For Life® PROVIDES YOU WITH ACCESS TO THE USE OF THE Retainers For Life®
PROGRAM AND SERVICES, SUBJECT TO YOUR COMPLIANCE WITH THE Website and Program Policies.
BY USING OUR SYSTEM YOU AGREE TO THE CONTRACTED FEE AND THE Website and Program Policies of Retainers For Life®
Termination of Membership: We require a written notice to be received 30 days prior to termination. Email notice will be accepted but you will need to verify it was received. Lack of payment or neglecting to follow the Website and Program Policies may be cause for additional fees. The Parties to this agreement agree and understand that Retainers For Life® has the option and right to terminate this agreement and relationship with the Doctor at the discretion of Retainers For Life®. The Doctor will be paid any Amounts due and owed for patients or contracts entered into prior to the termination.
Use of Trademarks and Trade Names: While this Agreement is in effect, and membership is active; members shall have the right to use Retainers For Life® Trademarks or trade names solely in connection with its activities hereunder. Members use shall be limited to Retainers For Life® Products and marketing material provided by Retainers For Life® and pre-approved sales and marketing material produced by Retainers For Life®. Individuals or Offices shall not use any of Retainers For Life® Trademarks once membership has expired or terminated. Any use of the trademark in whole or in part without active membership will result in legal action and monetary penalties.
Confidential Information: “Confidential Information” shall include all confidential information or confidential material that is disclosed to Recipient by Disclosing Party that has commercial value or other utility in the business of Disclosing Party. Confidential Information includes but is not limited to (1) copyrighted materials such as learning materials, videos, power point presentations, pictures, any and all financial, technical, commercial or other information, records, reports, analyses, financial statements, compilations, studies, forms, business or management methods, marketing data, fee schedules, information technology systems and programs, projections, forecasts and trade secrets; (2) client lists, contacts, personnel, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information and other related information. All intellectual property, including any copyrighted materials owned by Disclosing Party will not be replicated, sold or distributed by Recipient. All “Confidential Information” shared by the Disclosing party will be for the personal use only of the Recipient.
Doctor and Retainers For Life® agree that all agreement between the parties and any dispute or claim arising out of or in connection with any such agreement where its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A.
INDEMNIFICATION
Doctor agrees to indemnify, keep indemnified, indemnify and hold harmless Retainers For Life® from any and all claims, causes of action, damages, debts, liabilities, losses, obligations, payments, costs and expenses (including legal expenses) arising from or relating to: doctor’s, breach of any term of any agreement with Retainers For Life®, doctor’s breach of any term of any agreement between doctor and their patient or any acts or failures in respect to the patient, doctor’s revision of incorrect or incomplete information, documents or impressions to Retainers For Life® or any failure to timely provide Retainers
For Life® with any information it requests from doctor or the doctor’s practice; and dealings with doctor’s national regulators, licensees or professional bodies in relation to the doctors or their practice.
LIMITATION OF LIABILITY
SUBJECT TO THE TERMS SET FORTH BELOW, THE PARTY SHALL NOT BE RESPONSIBLE TO THE OTHER FOR THE FOLLOWING LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE: INDIRECT LOSSES, CONSEQUENTIAL LOSSES, LOSSES
OF INCOME OR REVENUE, LOSS OF PROFIT, THIRD PARTY CLAIMS, LOSS OF BUSINESS, LOSS OF DATA (INCLUDING PATIENT DATA-RETAINERS FOR LIFE EXPECTS THAT CUSTOMER WILL HAVE BACKUP COPIES OR ORIGINALS OF ANY PATIENT DATA CUSTOMERS PROVIDE TO RETAINERS FOR LIFE),
LOSS OF ANTICIPATED SAVINGS, OR LOSS OF ANY OPPORTUNITY, ARISING FROM ANY CLAIM FOR INNOCENT OR NEGLIGENT MISREPRESENATION OR NEGLIGENT MISSTATMENT BASED UPON ANY STATEMENT IN THE AGREEMENT.
